The Corruption and Crime Commission (CCC) has questioned the outcome of a Western Australian Police investigation into the use of force against a minor.
Its report tabled in State Parliament, the CCC gave details of its oversight and review of the police investigation into whether a 13-year-old child in custody was assaulted by a police officer, and whether that officer and others involved in the incident attempted to pervert the course of justice.
The CCC said the child was arrested for damaging a Department of Child Protection and Family Support office and for assaulting a police officer.
“However, when the charges were heard in court, the magistrate not only dismissed the assault charges, but also raised serious concerns that a police officer had used excessive force against the child and questioned the veracity of the evidence the WA Police Force presented in support of the charges,” the Commission said.
“The WA Police Force launched an investigation covering the incident in the Department of Child Protection and Family Support office through to the preparation and presentation of evidence at trial.”
It said the CCC monitored the investigation and its review considered a number of aspects of the incident, from the initial police officers’ response to concerns about the child’s behaviour, through to the WA Police Force investigation into the conduct of the officers involved.
“The Commission is of the view that the reasoning applied by the WA Police Force investigator to justify not criminally charging the officer with assault, on the one hand, but sanctioning the officer for unnecessary use of force on the other, as inconsistent and flawed,” the CCC said.
“The Commission’s review concluded that the investigatory actions undertaken by the WA Police Force in investigating the conduct of the officers involved were appropriate, and noted the officers were sanctioned through an internal WA Police Force disciplinary process.”
It said the Police Force and the Commission respectfully disagreed as to whether the investigation failed by applying contradictory reasoning in the criminal and disciplinary investigations.
The Commission’s 18-page report can be accessed at this PS News link.
